4. trespass to land

framework for ttl

who can claim

1. intentional and

2. direct unlawful interference with a person's possession of land

3. defences

who can claim

the claimant must own or be in possession of the land

1. intention (1)

the direct voluntary action must be intended not the trespass [league against cruel sports v scott 1985]

league against cruel sports v scott 1985

hunting dogs not prevented from going on c’s land - trespass

2. direct and physical interference (4 +4 citations)

• examples include crossing boundaries, remaining on land without permission, exceeding permission and putting objects on another’s land

• above land is trespass [kelsen v imperial tobacoo 1957] / [anchor brew developments v berkley house 1987]

• but no trespass if it flies at a ‘reasonable height [s76(1) civil aviation act 1982]

• can be a trespass for below ground [star energy weald basin 2010]

kelsen v imperial tobacoo 1957

sign protruded onto c’s land by 8 inches - trespass

anchor brew developments v berkley house 1987

arm of crane swinging through above someone’s property was trespass

star energy weald basin 2010

drilling petroleum from neighbouring field 800 - 1,300 foot was a tresspass as the drilling was far from being so deep to be absurd and was still possible so not that deep

defences include

permission

necessity

legal justification

not reasonableness